context

SC has removed a minister under Art 142 of the Indian Constitution.

Article 142:

  • Article-142 of Indian constitution empowers sc to pass such order if ' 'necessary to complete Justice"
  • Also such order can be enforceble throughout the territory of India.
  • "necessary to complete Justice" encompasses a power of equity

when can this power used?

The power can be exercised by SC under difficult cases where adequate law may not exist, or existing law may not be adequate, in order to delivery complete Justice.

Limitations:

Art-212 of constitution bars court from enquiring into proceedings of the Legislature. sc is State of Punjab V Rafiq Masih (2014) has opined that Art-142 is supplementary in nature and cannot supersede the substantive Provision.

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